Research On Legal Attributes Of Enterprise Data Rights And Its Protection Path

In the era of digital economy,big data has been booming,and the economic value of data has become increasingly prominent.Data is also known as the “new oil”of the21 st century,and its economic value is becoming increasingly prominent.Data can be classified as corporate data,personal data,and government data according to the data subject.In the rapid development of the data economy,companies have invested a lot of capital,time and energy.In other words,only when the company’s data rights are guaranteed,can the company have an inexhaustible power to promote the development of the data industry.Constructing a reasonable and feasible corporate data protection path can reduce enterprise data disputes and promote data sharing and circulation.However,enterprise data rights are a new type of right whose legal attributes are difficult to confirm.The current legal system is obviously unable to protect corporate data.Therefore,clarifying the legal attributes of enterprise data and constructing a reasonable protection path are the proper meanings of data governance.On November 26,2019,the eleventh meeting of the Central Committee for Comprehensive Deepening Reform deliberated and approved the“Opinions on Building a More Complete System and Mechanism for Market-based Allocation of Factors ”Proposing“accelerate the cultivation of data element market” and“improve the nature of property rights based on the nature of data”,and put the issue of corporate data rights on the agenda for the first time,which can be said to be a response to this contemporary proposition.It is of far-reaching significance to clarify the legal attributes of corporate data and provide reasonable protection.Firstly,in practice,enterprise data disputes become more and more intense.This is extremely detrimental to the growth of the big data market,and will have a negative impact on the development and research of big data for enterprises.Clarifying the legal nature of corporate data and ensuring the protection of its rights enable the data industry to proceed in an orderly manner in legal regulations,which is also a deterrent to those who want to crawl data;secondly,clarifying the attributes of corporate data rights and the boundaries of rights are also beneficial to protecting personal information.The proposition of corporate data protection is encountering the problem of the“zero-sum game”between individuals and companies: some people think that protecting corporate data is more important than personal information protection.But putting corporate data rights in a “indifferent”situation is a major disaster for personal information protection.Face up to and regulate corporate data rights,which can clarify the boundaries of corporate data and personal data rights,and better protect personal information and citizen privacy;finally,as data products increasingly penetrate into people’s production and life,data resources have developed into a national strategy basic resources.Clarifying the nature of the property rights of corporate data and rationally regulating corporate data rights will help my country occupy a dominant position in the layout of global data regulation and accelerate my country’s progress from a data power to a data power.The importance of enterprise data right confirmation can be seen.From this,this article expands from the following aspects: The first part is a general analysis of enterprise data rights related issues.First,it explains the connotation of enterprise data rights,then analyzes the theoretical basis of the existence of enterprise data rights,and finally discusses the protection significance of enterprise data rights from reality.The main reason why corporate data is difficult to confirm is that the nature of corporate data rights is difficult to define.Current mainstream trend is to suggest that corporate data should be protected as property rights.However,no matter what method of definition is chosen,and the nature of corporate data rights is clarified,it is bound to be the way forward for corporate data rights protection in the future.At the same time,classifying the ownership and capabilities of corporate data rights can help to clarify the scope and boundaries of corporate data rights and personal data rights.The existing protection methods of enterprise data rights mainly include contract law protection,copyright law protection and anti-unfair competition law.These existing legal frameworks can only protect corporate data rights from being infringed at some levels,and each has its own advantages and disadvantages.In a word,the current legal protection of corporate data rights does not match the significance of corporate data rights protection.Therefore,the author proposes a path to improve the protection of data rights in my country’s enterprises,starting from two aspects: strong protection and weak protection.The strong protection method mainly relies on the power of legislation: proposing special legislation on corporate data property rights,drawing on the special rights system of foreign databases,and establishing corporate data infringement legal relief systems.Weak protection methods mainly rely on the self-discipline of the big data industry: formulating specific data transaction industry rules,establishing classification protection systems,and improving data protection technical means.The development of the big data industry is booming,and enterprise data as one of the important branches deserves people’s attention.Protecting corporate data rights is not about favoring corporate data rights and personal data rights,but advancing them side by side;protecting corporate data rights is not to form data closure and data monopoly,but to promote data sharing and circulation,and make data more Serve well the community with a shared future for mankind.